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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


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Photogiaphic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MS80 

(716)  872-4503 


m 


i\ 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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D 


D 


D 
D 


D 


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Cover  title  missing/ 

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n 


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Tha  imagas  appaaring  hara  ara  tha  bast  quality 
possibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


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baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
sion,  and  anding  on  tha  last  page  with  a  printad 
or  illustratad  imprassion. 


Tha  last  racorded  frama  on  each  microficha 
shall  contain  tha  symbol  — ^>  (moaning  "CON- 
TINUED"), or  the  symbol  Y  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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beginning  in  the  upper  left  hand  corner,  left  to 
right  ancf  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Lea  imagas  suivantaa  ont  4tA  raproduitaa  avac  la 
plus  grand  soin.  compta  tenu  da  la  condition  at 
de  la  nattet*  da  rexemplaira  film*,  et  en 
conformity  avoc  las  conditions  du  contrat  da 
filmaga. 

Les  exemplairas  originaux  dont  la  couvarture  en 
papier  est  imprimta  sont  filmAs  an  commenpant 
par  la  premier  plat  at  an  terminant  soit  par  la 
darniAre  paga  qui  comporta  une  empreinte 
d'impression  ou  d'illustration.  soit  par  la  second 
plat,  salon  le  cas.  Toua  las  autras  exemplairas 
originaux  sont  filmte  an  commandant  par  la 
pramiAre  paga  qui  comporta  une  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  dernidre  page  qui  comporta  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dsrniAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbule  -^  signifie  "A  SUIVRE  ".  le 
symbols  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  Atre 
film«s  A  des  taux  da  reduction  diff Grants. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich*.  ii  est  film*  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas.  en  prenant  la  nombre 
d'imagas  nAcessaire.  Les  diagrammes  suivants 
illustrant  la  mAthode. 


1  2  3 


1 

2 

3 

4 

5 

6 

/4, 


WI6  I 


eyyozt/uvest 
CoUectio/v 


tunity, 


sir, 


SPEECH 


OF 


MR.  CULYER,  OF  NEW  YORK, 


ON 


THE  TEXAS  AND  OREGON  aUESTIONS. 


Delivered  in  the  House  of  Representatives ,  U.  S.,  January  30//t,  1846. 


i 


The  bill  from  the  Senate  "  To  eHablish  Post  Roulet  in  Teafo*,"  being  under  consideration — 

Mr.  CULVER  said- 
Mr.  Chairman:  I  am  one  of  those  who  believe  that  the  annexation  of 
Texas  to  this  Union  was  unconstitutional,  and,  as  such,  is  void  from  the 
beginning.  I  believe,  further,  that  the  Supreme  Court  of  the  United  States, 
on  a  proper  presentment  of  the  case,  will  pronounce  the  joint  resolutions, by 
which  Texas  was  annexed,  unconstitutional.  And  I  hold  that  every  act  of 
ours,  affirming  the  validity  of  those  resolutions,  will  but  involve  us  in  deep- 
er difficulty,  and  render  our  relations  with  that  country  more  embarrassing. 
I  am  aware  that  it  may  seem  to  be  travelling  from  the  record,  on  a  bill 
merely  to  establish  post  routes,  to  discuss  the  question  of  annexation;  but 
we  are  now  in  Committee  of  the  Whole  on  the  state  of  the  Union ,  and  the 
Chair  has,  again  and  again,  decided  that,  whatever  related  to  the  welfare 
and  honor  of  the  Union,  was  here  the  legitimate  subject  of  debate.  Besides, 
Mr.  Chairman,  I  remember,  as  do  all  who  hear  me,  that,  when  the  con- 
summation of  this  Texas  scheme  came  up,  on  the  second  week  of  the  ses- 
sion, one  hundred  new  members,  like  myself,  were  denied  the  right  of  be- 
ing heard .  This  great  measure ,  fraught  with  consequences  the  most  im- 
portant and  lasting,  was  lashed  through  this  House  with  more  than  railroad 
velocity.  The  padlock  was  put  upon  our  lips;  by  aid  of  the  "previous 
question,"  we  were  all  gagged  down.  Our  constituents,  too,  were  denied 
a  hearing.  They  protested  loud  and  earnestly  agtiinst  this  infraction  of  the 
Constitution.  Their  remonstrances,  so  long  as  the  least  ground  for  hope 
remained,  poured  in  thick  and  fast.  Ye- ,  sir,  40,000  of  these  remonstrances 
now  lie  upon  your  table,  denied  a  consideration,  and  refused  the  civility 
even  of  a  reference!  In  adoption  to  all  this,  sir,  my  constituents,  nay,  the 
whole  free  North,  are  to  be  taxed  to  sustain  these  very  mail  routes  over  the 
trackless  wilds  of  Texas.  They  are  now  contributing  to  support  an  array  of 
4,500  sickly  men  in  that  country,  to  fight  her  battles.  A  fleet  is  now  sus- 
tained from  the  Treasury  of  the  nation ,  to  scour  the  coasts,  and  to  awe 
Mexico  to  silence.  Am  I  not  warranted,  then,  sir,  in  seizing /Ais  oppor- 
tunity, since  every  other  has  been  denied  me,  to  enter  my  soie..in  protest 
against  this  nefarious  scheme  ?  Had  the  remonstrances  of  my  constituents 
been  treated  with  legislative  courtesy,  or  had  even  two  day's  discussion  been 
allowed,  I  would  not  have  been  found  here  upon  my  feet  to-day.  Why, 
sir,  six  long  weeks  have  been  (onsumed  upon  the  Oregon  question ,  and 
yet  one  hour  and  forty  minutes,  and  that  mostly  in  calling  the  yeas  and 
naysy  were  all  that  w^as  allowed  upon  the  admission  of  Texas.  Wherefofe  tb0 
difference?   Ah!  sir,  Texas  had  within  it  that  dark  feature, that  dreaded  iii- 

I  J.  ti  a.  8.  Gideon,  frinterf . 

f    ■  '      ■  ~( 


i..-B2r)9 


2 


spection,  that  noli  me  tangere  property,  that  cried  out  '^hands  off!"  when 
approached.  Oregon  has  no  slavery  with  it.  Texa8;0n  the  other  hand, 
owes  its  existence  and  its  very  life-blood  to  slavery. 

But  I  hear  it  whispered,  by  gentlemen  around  me,  that  "Texas  is  in" — 
"She  is  admitted" — "We  have  married  her,  and  cannot  dissolve  the  con- 
tract." Sir,  I  repudiate  the  marriage.  I  disclaim  the  nuptial  bonds.  I 
have  high  authority  for  saying  of  Texas,  "If,  while  her  first  husband  be 
living,  she  be  married  to  another,  she  shall  be  called  an  adulteress."  We 
had  no  constitutional  right  to  propose,  nor  she  the  right  to  accept  our  pro- 
posal. 

But,  Mr.  Chairman ,  first  and  foremost  of  ray  objections  to  her  admission 
is,  that  Texas  has  violated  her  own  ante-nuptial  engagement.  To  this  I 
ask  the  attention  of  the  House.  By  the  joint  resolutions  of  last  winter. 
Congress  gave  its  consent  to  annexation,  upon  the  express  condition ,  among 
others,  that,  in  that  part  of  Texas  lying  north  of  36°  30^  north  latitude, 
slavery,  or  involuntaty  servitude ,  (except  for  crime  ^  shoitld  be  prohibited. ^^ 
Now,  sir,  how  stands  the  case?  Has  this  political  coquette  adhered  to  this 
condition?  No, sir.  Most  shamefully  has  she  violated  it.  In  her  new 
constitution,  now  lying  before  me,  and  on  which  we  have  given  her  admit- 
tance into  the  Union,  by  the  8th  article,  slavery  is  not  only  recognised  and 
sanctioned  throughout  the  whole  extent  of  Texas,  but  her  legislature  is  con- 
stitutionally tied  up  from  ever  "passing  laws  for  the  emancipation  of  slaves 
without  the  consent  of  their  owners."  This  recognition  and  prohibition 
are  co-extensive  with  the  boundaries  of  the  entire  State.  No  exception, 
either  north  or  south  of  that  Hne!  Under  this  8th  article,  1,500  slaves 
might  be  removed  to-morrow  into  Northern  Texas,  despite  the  joint  resolu- 
tion of  the  last  Congress.  Is  this  the  way,  sir,  in  which  northern  gentle- 
mien,  whose  votes  for  the  measure  were  secured  by  this  pretended  compro- 
mise, are  to  be  rewarded?  Is  this  the  way  in  which  slavery  discharges  its 
obligations,  and  fulfils  conditions?  Do  gentlemen  tell  me  there  is  no  terri- 
tory of  any  amount  or  value  north  of  that  line?  Then,  sir,  I  pronounce 
the  f^aud,  the  cheat,  the  duplicity,  the  more  downright  and  glaring.  We 
were  told  of  compromise — of  dividing  Texas  into  free  and  slave  territory. 
A  few  in  the  Norf h  were  sufficiently  green  and  soft-faced  to  be  caught  by 
this  cry.  Without  this  pittance,  small  as  it  was, annexation  could  not  have 
heen  carried .  If  there  were  nothing  in  that  of  worth ,  we  were  deceived 
then;  if  there  were  something,  we  have  been  despoiled  of  it  noiv.  And 
should  new  States  hereafter  be  carved  out  of  the  present  State  of  Texas, 
and  those  new  States,  any  of  them  extending  north  of  that  line,  be  asked 
to  prohibit  slavery  there,  they  would  point  to  the  admission  of  Texas  as  a 
whole,  with  a  slave-holding  constitution,  covering  her  entire  surface,  from 
north  to  south,  from  east  to  west.  Both  the  mother  State  of  Texas  and  the 
United  States  would  be,  by  this  reference,  estopped  from  insisting  on  any 
territory  being  free  north  of  that  line. 

Am  I  too  late,  then, Mr.  Chairman, in  opposing  the  admission  of  Texas, 
when  she  herself  has  violated  her  own  agreement?  When  she  herself  re- 
fused to  come  in  upon  the  terms  and  on  the  conditions  which  Congress  pre- 
ficribed  for  her? 

Now,  sir,  with  this  slave-holding  feature  in  her  constitution,  it  is  easy  to 
see  why  the  motion  made  by  my  honorable  friend  from  Massachusetts,  (Mr. 
Rockwell,)  to  recommit  the  bill,  with  instructions  to  strike  out  that  pro- 
vision allowing  slavery,  was  so  adroitly  evaded.  That  motion,  sir,  would 
have  brought  the  elastic  consciences  of  northern  men  to  a  test.  It  would 
have  compelled  gentlemen  to  have  recorded  their  votes  directly  upon  the 


Issue  of 
dcians  1 

tom  stG 
'exas. 
iiore  th 
flpeaker 
House, 
iiot  cut  ( 
iras  stroi 
overturn 
knowing 
|t  was  tc 
^ess  how 
lince. 

But, 
the  cond 
fcave  bee 
Id  annex 
ikoi  expri 
tV  for  sa; 

JEPFERS 

e  way, 
rovision 
ign  nat\ 
'  Again, 
4er  that  t 
1783,  th  J 
iStates,  I 
^\n\\i  int 
territory  i 

•fticorpora 
il|peaking 
much  str 
There  thi 
]^eople  of 
finxious  i 
Willing  tc 
tircumsta 
^e  acqui 
Constitut 
lase  of  T 

an  one- 
[pposed  i 

e  origii 
Union  W( 
lerson  mi 

tr,  the  d 
ouisiani 
lint  reso 
ly  our  G 
fferson 
ign  terrii 
f  ty  of  th 


I 


oflf!"  when 
other  hand, 

jcas  is  in" — 
Ive  the  con- 
il  bonds.  I 
husband  be 
ress."  We 
ept  our  pro- 

ir  admission 
To  this  I 
last  winter, 
tion ,  among 
th  latitude, 
wohibited.^* 
lered  to  this 
[n  her  new 
I  her  admit- 
ognised  and 
iture  is  con- 
ion  of  slaves 
I  prohibition 
[)  exception, 
,500  slaves 
joint  resolu- 

iiern  gentle- 
ed  compro- 
scharges  its 
I  is  no  terri- 
pronounce 
iring.  We 
ve  territory, 
caught  by 
d  not  have 
re  deceived 
now.  And 
a  of  Texas, 
be  asked 
Texas  as  a 
rface,  from 
Kas  and  the 
ing  on  any 

I  of  Texas, 
herself  re- 
ngress  pre- 

t  is  easy  to 
isetts,  (Mr. 
that  pro- 
sir,  would 
It  would 
y  upon  the 


Issue  of  admitting  Texas  as  a  free  or  slave  State.  And  subservient  as  poli- 
ticians had  shown  themselves,  I  apprehend  that  gentlemen  shrunk  back 
lirom  standing  upon  i.-j  record  as  voting  in  favor  of  perpetual  slavery  in 
■^exas.  Hence  it  was,  that  the  "previous  question"  was  clothed  with 
Ihore  than  its  wonted  odium  and  oppression.  And  when  the  honorable 
Speaker,  in  conformity  with  parliamentary  usag(  lud  the  decisions  of  this 
Mouse,  decided  that  the  motion  of  the  gentlenia  from  Massachusetts  was 
iiot  cut  off  by  the  previous  question,  an  appeal  wlo  taken,  and  slavery,  sir, 
was  strong  enough  on  this  floor  to  reverse  the  decision  of  the  Chair  and 
overturn  the  precedents  cf  this  Houae.  I  was  not  so  much  astonished  at  it, 
knowing,  as  I  did,  that  extraordinary  cases  require  extraordinary  treatment. 
|t  was  to  have  been  expected  of  slavery.  And  the  House  will  bear  me  wit- 
Bess  how  much  of  confusion  and  trouble  that  decision  has  occasioned  us 
iince. 

But,  Mr.  Chairman,  I  humbly  insist,  that  had  Texas  complied  wifh  all 
the  conditions  imposed ,  her  annexation  and  subsequent  admission  would  still 
ftave  been  unconstitutional.  I  deny  the  power  of  these  confederated  States 
lb  annex  a  foreign  nation  to  this  Union.  It  is  conceded  that  the  power  is 
#ot  expressly  granted  in  the  Constitution,  and  we  have  the  highest  authori- 
<V  for  saying  it  is  not  there  by  implication.  Solne  forty  years  ago,  Mr. 
Jefferson,  whose  authority  should  be  conclusive  with  the  gentleman  over 
die  way,  used  this  emphatic  language:  ''  Ttlie  Constitution  fias  made  no 
provision  for  our  holdino- foreign  territory,  still  less  for  incorporating  for- 
eign  nations  into  our  Union. ^^ — Jeff.  Cor.,  Vol.  3,  p.  512. 
'  Again,  in  his  letter  to  Wilson  Gary  Nicholas,  he  says:  "  When  I  consi- 
der that  the  limits  of  the  United  States  are  precisely  fixed  by  the  treaty  of 
1788,  that  the  Constitution  expressly  declares  itself  made  for  the  United 
JS'tates,  I  cannot  help  believing  the  intention  was,  not  to  permit  Congress  to 
^dmit  into  the  Union  new  Slates,  which  should  not  be  formed  out  of  the 
territory  for  which,  and  under  whose  authority  alone,  they  were  then  act- 
^g."  Here  Mr.  Jefferson  denies  the  right  to  us  of  holding,  nuich  less  of 
^icorporating ,  Texas  or  any  foreign  nation  into  the  Union.  True,  he  was 
fl{)eaking  of  the  acquisition  of  Louisiana.  But  the  case  of  Louisiana  was 
much  stronger  for  the  advocates  of  annexation  than  was  that  of  Texas. 
There  the  parties  were  all  agreed.  No  conflicting  claims  interposed.  The 
J>eople  of  this  territory  desired  to  be  incorporated.  The  old  States  were  all 
anxious  for  the  Union.  And  France,  the  acknowledged  proprietor,  was 
Willing  to  transfer  her  right  to  the  soil.  And  yet,  with  all  these  adventitious 
circumstances,  Mr.  Jefferson  denied  to  us  the  constitutional  right  to  make 
ijie  acquisition.  It  is  well  known  that  he  considered  an  amendment  of  the 
Constitution  as  necessary  before  this  end  could  be  attained.  But,  in  the 
lase  of  Texas,  all  these  circumstances,  or  nearly  all,  are  wanting.  More 
l||)an  one-third  of  the  original  Slates  were  opposed  to  the  annexation.  They 
0pposed  it  as  States  in  their  sovereign  capacity.  Mexico,  too,  interposed  as 
liie  original  and  rightful  claimant,  and  a  majority  of  the  people  of  the 
Union  were  jpposett  to  it.  How,  then,  can  the  pretended  disciples  of  Jef- 
lerson  maintain  for  a  moment  its  constitutionality  ?    And  mark  still  further, 

ft,  the  difference  in  the  two  cases:  It  was  then  being  proposed  to  acquire 
^  ouisiana  by  treaty — not  by  the  then  unknown  and  unheard  of  method  of 
"  int  resolution.  5fo  other  than  the  treaty-making  power  was  dreamed  of 
y  our  Government;  and  yet,  under  all  these  favorable  circumstances,  Mr. 
fferson  could  not  deem  the  Constitution  sutficieutly  elastic  to  admit  for- 
gn  territory.  True ,  Louisiana  was  purchased f  but  only  from  the  nec^s- 
ty  of  the  case,  for  our  commercial  safety.    But,  he  contended,  that  there 


should  be  on  ex  post  facto  amendment  of  the  Constitution,  which,  by  it^        ,    _ 
retroactive  effect,  might  legahze  the  acquisition.  o!!^?^ 

But  again,  sir,  I  maintain,  that  if  foreign  nations  can  be  annexed  to  usj^'^^*^*"'^' _ 
it  must  be  by  treaty,  and  not  by  joint  resolutions  of  Congress.    No  one  wiFr^®  ^^^} 
deny  that  these  joint  resolutions,  and  the  acceptance  of  their  conditions  b*^'  P**"'^ 
Texas,  were  in  the  nature  of  a  contract;  indeed,  they  constitute  the  onj*  "V* . 
agreement  or  treaty  in  the  case.    By  these  we  stipulate  to  annex  Texas*,^^  *' '?, 


treaty?    Is  it  Congress,  or  is  it  the  treaty-making  power?    Sir,  I  will  ad^*"". 
duce  an  authority  here  that  South  Carolina  cannot  gainsay.    Mr.  Calhoun|?^^'9"'  ^^ 
in  his  great  speech  in  the  House,  in  1816,  on  the  commercial  treaty  witlT*^^^"^  ."* 
Great  Britain,  an  extract  from  which  I  have  before  me ,  took  the  groun^^  "^®'' 
that  ''  Congress  cannot  make  a  contract  with  a  foreign  nation,''^  "  that  i*h^"ic  < 
belonged  only  to  the  treaty-making  power."     I  shall  not  stop  to  produce  .^wsion, 
host  of  other  authorities,  that  I  might  do,  to  establish  this  position.     I  tv^^^r^  ^ 
talking  now  to  Southern  men.     1  have  given  them  Jefferson  and  CaL  L^'"' " 
houn;  if  they  will  not  believe  them,"neitherwouId  they  believe,  if  one  rose  ^^."^ 
from  the  dead."     A  treaty  would  have  required  the  assent  of  two-thirds  of  i\\}f^^^^      , 
Senate;  this  could  never  have  been  obtained;  hence  the  recurrence  to  join*  *'!  j^"Pl 


resolutions. 
Again,  sir, 


I  respectfully  submit,  that  annexation  was  unconstitutionalT*^     ,^. 
consideration.     It  is  this:   The  confederated  States  of  thi"^  ^"'*^^ ' 


„time  forw 


from  another 

Union  form  a  sort  of  constitutional  copartnership.    They  entered  the  firn'  ^ 

as  States.    They  are  the  old  partners.    And  I  deny  that  it  is  competent  ajS^'""°"  °' 
law  or  equity  for  a  part  of  the  members  of  the  old  firm  to  admit  new  partfi^^^j^'n 

tented  por 


ners  without  the  consent  of  all.    The  act  of  admission,  and  the  acts  q^^^^ 


as  undis 
future 

entlemer 
avery  w 
volution 

Innexatio 


those  so  admitted,  will  not  be  obligatory  upon  the  firm.     Texas  has  com("      , 
in — lean  and  hungry  as  she  is — unbidden  by  many  of  the  States,  and  un*^^    .*®" 
welcomed  by  a  majority  of  the  people.    And  I  deny  that  my  constituents  .|1^    ^®, 
or  the  freemen  of  the  North,  are  constitutionally  bound  to  recognise  her  a,   \    ^^^ 
a  member  of  the  confederacy;   much  less,  sir,  to  pay  up  her  debts,  or  en^  ,  ®  *^®^ 
dorse  her  doubtful  reputation.  ^  r    d'^d 

But  again:  What  relation,  I  may  ask,  do  the  people  of  that  annexed  ter'"  ^^' 
ritory  sustain  to  us?    They  were  citizens,  de  facto,  of  Texas,    She  claiuiec^ 
and  we  acknowledged  her  to  be  an  independent  power.    Her  people,  then 
could  not  at   the  same   time  be  citizens  of  Texas  and  of  the  United 
States.     They  could  not  thus  owe  allegiance  to  two  sovereigns.    Thej_ 
could  not  serve  two  masters.      Are  they,  then,  by  virtue  of   annex 
ation,  made  citizens  of  the  United  States?      Suppose  that  20,000  ol 
her  population  were  of  Spanish  or  Mexican  origin,  and  suppose  that  of  thi^   .    ^x. 
number  certain  ones  be  appointed  district  judges,  or  elected  to  seats  yporx'  ^^ 
this  floor — the   constitution   requires  such  to  be  citizens  of  the  Unitei^®  "^^ 
States,  and  to  have  been  such  citizens  for  at  least  seven  years.    When  ancX^'^.   ^^ 
how  did  they  become  such?    Surely,  it  was  at  the  time,  and  by  virtue  o^  ",  .    ^ 
their  annexation,  if  ever.     If  that  be  so,  sir,  then  this  annexation  is  in  th(?     ?^  .  ' 
very  teeth  of  the  Constitution.    That  instrument,  long  ago,  declared  tha^P'      ", 
Congress  should  "  pass  uniform  laws  on  the  subject  of  naturalization.'^  ^  y*  ^ 
Congress  cannot  m^e  one  law  for  naturalizing  the  French ,  another  for  thu'    ,  .     ^^ 
Swiss,  another  for  the  German,  and  another  for  the  Texian.    They  mussM    '^^^ 
all  bow  to  the  same  "  uniform"  law.    Well ,  how  stands  the  case  ^-^^^n  Uq^?"^ i  ^ 
Why,  sir,  by  our  laws,  the  Irish  or  German  immigrant  must  wait  five  year^ ,   ^^  ' 
before  he  becomes  naturalized.    But  here  you  have  naturaU^ed  the  whoh^- ^      .  ' 


1 


'    ^  Texas  brood  at  one  sweep;  by  virtue  of  that  act,  they  claim  now  to  act  as 
incxed  to  ug^^'^^*'^®''^  ^^^  "*'  **  citizens  with  us.     I  deny,  Mr.  Chairman,  that  they 

No  one  wi^^®  ^®'"®  '"  ^^  ^^®  "?^^  ^^^^'     '^^®y  '*'*^®  climbed  up  some  other  way, 
conditions  h^^^  politically,  are  ''thieves  and  robbers." 

ute  the  oni  i  ^"^  '  ^"""^'^  ^^®^'  longer  upon  this  part  of  the  subject.     I  am  aware 
nnex  Texas^^^ ''  '^  '"^®  '"  ^^'^  ^^^  *°  discuss  constitutional  questions.     The  ligaments 
Cull  theii'^  ^^®  Constitution  are  cut  asunder.     The  dog-star  delirium  of  slavery  has 
ations  or  i/l^rown  the  nation  far  from  its  balance. 

contract'  o  ^  "®®*^  "^'  ^^^  ^"  y°"'  ^'^'  C^hairman,  nor  to  th  -  House,  how  sorely  the 
iir  I  will  ad^®"*^^  ^®^^  "P*^"  ^^'®  question.  We  speak  it  mere  in  sorrow  than  in  recrim- 
r  b  vLHOUis'***^'^"'  ^'^^^^  ^^®  ^^y*  ^^^'^'^  ^'^^  Constitution  lies  trodden  in  the  dust.  The 
^[  j,.g^j  ^j^jjglaveholder's  heel  is  planted  upon  it.  And  what  adds  to  the  darkness  of 
k  the  ffrouni*^®  ^®®^ '  ^^  ^^^^  ^^^  ^"^  unwarrantable  motive  which  dictated  this  whole 
n  "  "that  i^hieme  of  annexation.  That  motive,  sir,  was  the  strengthening,  the  ex- 
to  produce  .tension,  and  the  perpetuity  of  slavery.    And  on  this,  sir,  I  have  a  few 

lition.     I  aii*^^'^^^  ^^  <'^^'^' 

m  and  Cal     [Mr.  Bayly,  of  Virginia,  here  objected,  and  raised  the  question ,  that 

e  if  one  ros^  ^^^^  "°*^ '"  order  to  debate  this  subject.  But  the  Chair  overruled  the  ob- 
)-thirdsof  thJ**^**®*^'  ^"^  decided  that  Mr.  C.  was  in  order,  and  he  proceeded.] 
rence  to  ioin  ^  ^^  support  of  this  position,  my  time  will  allow  me  to  call  the  attention  of 
tfie  House  only  to  a  few  admitted  facts.  No  murmuring  of  complaint,  or 
onstitutional^*^^^^^  ®^  revolt,  were  heard  in  the  province  of  Texas,  till  after  Mexico,  by 
States  of  thi*"®  ^'^'^'^  "^  Iturbide,  in  1829,  proclaimed  slavery  abolished.  From  that 
ered  the  firn'"*^®  forward,  a  low  but  gradually  increased  muttering  was  heard  from  that 
competent  aK'^*'®"  °^  ^'^®  population  who  had  gone  from  the  Southern  States  into 

v,;#  w,i,.r  ».«J!T exas,  carrying  their  slaves  with  them.  This  dissatisfaction  gradually  ripen- 
nii  new  pariT,  .     '     ,  •',,.  °         ,  .     ,rio.->  n   i    '^  .    i     ■'i.  * 

the  acte  0*°*"^**''®''®^"^"'  and  m  1833  a  convention  was  called,  and  the  discon- 
as  has  ccmi*^"^^^  portion  set  up  for  themselves.  Impartial  history  will  yet  prove  that 
ites  and  un'^^volution  to  have  been  as  destitute  of  any  adequate  provocation,  as  the  an- 
constituents^^^^  of  revolution  ever  furnished. 

)o'nise  her  a    ^^^^^  Texian  revolutionists,  of  course,  had  the  open  sympathy,  as  well 
debts  or  en*®  ^^®  covert  support  of  the  almost  entire  slaveholding  South .   It  was  evinced 
'  ill  the  speeches  and  correspondence  of  Southern  men,  and  in  the  almost 

annexed  ter'l'""^*^'^'^*^  expression  of  the  Southern  press.    From  1830  to  1835,  the  press 
She  claimecj ^^  undisguised  in  claiming,  that  slavery  must  be  reinstated  in  Texas,  for 
jg   then      ^"^"''^  stability  i«  the  Southern  part  of  this  Union.     I  have  but  to  refer 

the  Unitet^®"^^^"^^"  ^^  '^^  *^"®  ®^  ^''^  P*^*^^^  ^^  ^^^^  ^^^^  ^®  establish  the  fact,  that 
■  fji|jSavery  was  at  the  bottom  of  this  whole  movement     So  much,  sir,  for  the 

of'  annexT^"'"^**^"  ^"'^  independence  of  Texas — as  to  the  motiie  that  dictated  its 
20  000  oi"n'6xation ,  I  have  proof  which  Southern  gentlemen  cannot  resist.     Mr. 
that  of  thi'^^^'^^^^'y  Upshur,  in  his  official  despatch  to  our  Charge  d'Affaires  in  Tex- 
seats  unori^'  ^^  1^43,  declared,  that  "  Slavery  would  be  abolished  in  Texas  within 
the  Unitei-  ®  "^^'  ^®"  years,  and  probably  within  half  that  time,  unless  that  Govern- 
When  an^®"^'  'wexe  annexed  to  the  United  States."     A  distinguished  Senator  from 
bv  virtue  n^^"^^  Carolina,  (Mr.  McDuffy,)  not  two  years  since,  in  the  north  wing 
^I.  Jo  :„  *uk^  this  Capitol,  when  alluding  to  the  dangers  of  the  increase  of  the  slave 
leclared  thwP"        "^^  ^      '  "Now,  if  we  shall  annex  Texas,  it  will  operate  as  a 
iralization  '*^6'y"Valve,  to  let  off  this  superabundant  slave  population  among  us."  Mr. 
other  for  the!^''^^"^^'^'  who,  with»all  his  political  eccentricities,  has  the  merit  of  speak- 
Thev  muJ^F  '^'^  sentiments  boldly,  has  placed  the  true  reason  for  annexation  record, 
case  tl  en^^^^"™  '^^'^'■^^^'"y  ^^  State,  in  a  diplomatic  communication  of  the  27th  April, 
lit  five  veara^'^^'*^®^'^"^"'^  the  policy, knd  urging  the  necessity  for  annexatiat»,he8ay8: 
d  the  wholr.^'  ^^  made  necessary  in  order  to  preserve  domestic  institutions,  placed 
£ider  the  guarantee  of  their  respective  constitutions,  and  deemed  essential 


to  iheir  safety  and  prosperity."  "  Domestic  institutions"  are  only  another 
and  a  politer  name  for  sluvery.  Here,  sir,  stands  the  recorded  reason  for 
annexation— the  upholding  and  preservation  of  a  foul  system  of  humar 
bondftjj'e!  And  this  historical  reason ,  uttered  by  the  official  organ  of  this 
great  and  free  republic,  will  stand  upon  record,  and  be  })ointed  to  witli 
shame  and  remorse,  when  all  the  aiders  and  abettors  in  this  scheme  shall 
have  passed  away. 

But  why  do  I  multiply  authorities,  or  dwell  upon  points  conceded  by 
every  honest  man  ?  Sir,  there  is  not  a  Southern  Representative  who  hears 
me,  that  will  rise  in  his  place  and  deny  that  slavery  was  the  great,  prompt- 
ing, and  decisive  cause  for  annexing  Texas.  No,  sir,  the  act  and  the  mo- 
tive stand  out  in  bold  relief  before  the  world.  To  rivet  the  chains  of  the 
enslaved  African  more  firmly — (o  render  his  bondage  safe  and  perpetual,  a 
foreign  slave  territory,  four  times  the  size  of  New  England,  seven  times  as 
large  as  Kentucky,  is  seized,  and,  in  defiance  of  law  and  Constitution,^! 
tached  to  this  Union!  And  for  what?  Yes,  sir,  I  ask  Southern  gentlemen 
for  what  pin  pose  did  you  annex  it?  Avow  it  honestly.  Wjts  it  not  that 
you  might  overbalance  the  free  laborers  of  the  North?  That  you  might  hold 
the  reigns  of  legislation  in  your  hands?  That  you  might  have  the  prepon 
derance  of  power  to  wield  it  over  us,  as  you  wield  it  over  your  slaves?  Dc 
you  wonder,  then,  that  Northern  freemen,  or  their  representatives  here,  are 
keenly  alive  to  this  insult?  How  would  you  feel  under  a  like  injury?  Mr. 
Chairman ,  let  me  put  a  case  to  my  honorable  friends  from  Virginia  and 
South  Carolina. 

Suppose  that,  in  1836,  Mr.  Webster,  of  New  England,  Gov.  Seward 
of  New  York,  and  my  venerable  friend  from  Massachusetts,  (John  Q,uinc\ 
Adams,)  had  entered  into  a  secret  correspondence  with  the  authorities  oi 
Canada,  proposing  to  annex  all  British  North  America  to  the  United  States. 
And  suppose  that,  in  the  correspondence,  it  had  been  distinctly  avowed 
that  the  object  was  to  give  stability  and  perpetuity  to  the  protective  tariff- 
to  render  safe  the  free  institutions  of  the  North — to  protect  them  from  as 
saults  of  the  South — to  render  more  safe  and  secure  the  runaway  slaves  set 
tied  in  Upper  Canada — in  short,  to  give,  by  the  aid  of  Canadian  votes,  a 
Northern  preponderance  in  the  Senate  of  the  United  States — what  think 
you,  Mr.  Chairman,  would  have  been  the  tone,  the  feeling,  the  sentiment 
of  the  South?  Think  you  that  their  great  chieftain  would  have  preached 
his  "  masterly  inactivity''''  doctrine  ?  But  suppose,  further,  that  the  South 
began  to  rustle  and  be  alarmed — began  to  remonstrate,  long  and  loud — beg- 
ged time  for  discussion  and  reflection — and  suppose  a  drilled ,  iron-heeled 
majority  refused  to  hear  their  protests,  or  listen  to  their  remonstrances — told 
the  m  to  be  quiet — that  they  knew  not  what  they  were  remonstrating  against 
— that  it  was  a  Northern  question — related  to  the  welfare  of  Northern  in- 
terests— that  it  belonged  to  Northern  men  to  settle  it — and,  at  last,  despite 
the  protests  of  Southern  liCgislatures,  and,  unmoved  by  a  million  of  South- 
ern remonstrances,  the  deed  is  consummated,  Canada  is  annexed!  And  to 
add  insult  to  injury,  it  is  done  by  thrusting  the  gag  down  Southern  throats; 
and  soon  after  this,  the  South  are  called  upon  to  help  support  armies  and 
navies  in  Lower  Canada ,  and  taxed  to  pay  for  post  routes  for  the  benefit  of 
fugitive  slaves  in  Upper  Canada!  Sir,  the  parallel  is  a  painful  one—  1  do 
not  wonder  that  cheeks  crimson  at  the  comparison.  1  ask  Southern  gentle- 
men, how  would  you  have  met  such  treatment  at  the  hands  of  the  North  'i 
Would  you  not  have  winced  umJcr  it  ?  Would  not  your  hot  blood  have 
risen  far  above  its  wonted  temperature?  Nay,  more,  I  ask  you,  would  not 
every  man  of  you  have  rushed  wildly  from  this  Hall,  and  proclaimed  the 


1 


only  anolher 
d  reason  foi 
in  of  human 
organ  of  this 
nted  to  will) 
scheme  shall 

conceded  by 
ve  who  hears 
real,  prompt- 
and  the  mo 
lains  of  the 
perpetual,  ti 
ven  times  as 
i8titution,1bt 
1  gentlemen 
s  it  not  that 
u  might  hold 
;  the  prepon 
slaves?   Dc 
ves  here,  arc 
injury?   Mr. 
l^irginia  and 

V.  Seward 

HN  Q,UINC\ 

authorities  ol 
nited  States, 
clly  avowed, 
ctive  tariff- 
em  from  as 
ly  slaves  set- 
lian  votes,  a 
-what  think 
le  sentiment 
.ve  preached 
It  the  South 
1  loud — beg- 

iron-heeled 
ranees — told 
iting  against 
Northern  in- 
last,  despite 
n  of  South- 
d!  And  to 
ern  throats; 
armies  and 
e  benefit  of 

one—  1  do 
iern  gentle- 
the  North  'i 
Aood  have 

would  not 
ilaimed  the^ 


Union  at  an  end  ?  Would  you  not  have  gone  home  and  told  your  consti- 
tuents to  get  ready  their  <' regiments  of  mounted  riflemen,"  and  resist  the 
aggression  unto  death?  Yes,  you  would  have  done  so;  and  posterity  would 
have  awarded  you  deserved  praise  for  your  sterness  of  integrity  and  boldness 
of  resistance.  Then  let  me  ask  you,  in  the  name  of  liberty,  and  all  that 
is  dear  to  freemen,  how,  think  you,  we  stand  under  your  treatment?  Are 
we  not  made  of  flesh  and  blood  as  well  as  you?  Do  you  draw  so  largely 
upon  Northern  coolness  and  "  Christian  forbearance?"  Beware,  lest  yoa 
are  over  confident  of  the  restraining  force  of  these  *' Christian  virtues. '*- 
True,  sir,  the  North  is  a  very  cool  calculating  people.  Feeling  that  justice 
and  equity  are  on  our  side,  we  prefer  peaceful  remedies.  Our  forbearance 
is  proverbial.  We  can  submit  to  be  trampled  upon,  and  rise  again.  We 
can  be  fleeced  of  our  rights  with  heroic  fortitude.  Nay,  more,  we  can  bo 
genteely  «A*«»ncrf;  but  let  me  assure  Southern  gentlemen ,  that  when  you 
attempt  to  sprinkle  in  fine  salt  and  pepper,  we  beg  leave  respectfully  ta 
flounce.  I  might  allude  now,  sir,  to  a  coming  event,  the  shade  of  which 
has  already  passed  before  us,  the  destruction  of  the  tariff  of  184*2,  which, 
it  is  well  understood  here,  is  delayed  only  to  wait  the  arrival  of  the  dele- 
gates from  Texas.  It  is  the  subject  of  remark, in  the  confidential  circles  of 
the  dominant  party,  that  these  Texian  votes  are  relied  on,  in  one  wing  of 
this  Capitol,  to  complete  that  work.  Yes,  sir,  the  cool  forbeaiing  North  is 
asked  to  look  philosophically  on ,  and  see  these  Texas  votes  aiding  in  de- 
molishing that  PROTECTIVE  POLICY  which  has  covered  our  land  with  pros- 
perity— which  has  caused  our  valleys  to  resound  with  the  hum  of  industry, 
and  dotted  our  streams  with  factories  and  forges.  Yes,  sir,  the  AUe  of  that 
system  is  sealed,  and  these  new-made  votes  from  Texas  are  to  be  its  exe- 
cutioners. 

But,  Mr.  Chairman,  I  will  be  just  to  the  South;  candor  and  truth  de- 
mand that  Southern  men  should  not  be  charged ,  as  the  only  participants  in 
this  transaction.  No,  sir,  the  North,  (and  I  say  it  with  deep  humiliation  of  my 
local  pride,)  the  North  has  been  the  slaveholdci-s'  criminal  ally.  W^e  found 
in  our  midst,  in  1844,  some  political  Esaus,  who,  for  a  mess  of  pottage, 
were  willing  to  sell  the  birthright  of  freedom;  and  I  am  sorry  to  add,  that 
my  own  State  was  a  guilty  participant  in  the  deed.  True,  a  majority  of 
her  people  spoke  against  it;  but  their  speaking  was  ill-directed  and  inefli- 
cient,  and  their  voice  was  lost  in  the  confusion  of  the  battle.  New  York 
may  now  carry  with  submissiveness  the  burden  which  she  has  imposed  up- 
on herself.  It  is  meet  she  should  bow  her  neck  and  kiss  the  rod  by  which 
she  is  smitten.  Let  her  draw  from  her  purse  and  pay  her  sliare  of  $300,000 
annually  to  transport  the  mail  in  Texas.  Let  her  contribute  her  share  of  two 
millio  IS,  for  an  army  and  navy  to  defend  her;  a  million  more,  to  erect  for- 
tifications around  her  frontiers;  nay,  more,  let  New  York  get  ready  to  help 
assume  and  pay  up  the  entire  debt  of  Texas.  And  wherefore  all  this  sa- 
crifice for  that  Texian  band  of  patriots  ?  O,  sir,  it  is  for  the  very  laudable 
^nC  of  propping  up  the  tottering  fabric  of  slavery.  Patriotic  motive — com- 
mendable object,  truly  !  Yes,  Mr.  Chairman,  I  would  hint  to  my  Demo- 
cratic colleagues  from  New  York  to  be  prepared  with  a  fair  story ;  and,  when 
our  common  constituency  inquire  of  us,  ''wherefore  all  this  bleeding  and 
taxing  for  Texas?"  What  equivalent  does  she  give  us  in  return?  Point 
them  to  the  ruined  tariff,  the  reinsiaied  Subtreasury,  the  squandered  avails 
of  the  public  lands,  and  to  a  disgraceful  war  upon  our  shoulders;  and  no 
doubt,  sir,  oilv  people  will  be  satisfied  with  the  equivalent ! 

But,  sir,  I  opposed  the  annexation  and  admission  of  Texas,  for  another 
reason.    She  was  engaged,  de  facto,  in  a  war  with  Mexico;  and,  whether 


4 


8 

right  or  wrong  in  that  controversy,  by  taking  her,  we  assumed  the  war  as 
our  own.  Wise  counsels  would  have  admonished  to  a  diflerent  course. 
There  was  a  time  when  these  counsels  prevailed  on  this  very  question.  In 
1836,  when  Texas  made  overtures  to  our  Government,  Gen.  Jackson  de- 
clined them,  urging  as  a  reason  her  war  with  Mexico,  and  our  trentv  of  am- 
ity with  the  same  power.  In  1837,  the  overture  was  repeated  to  Mr.  Van 
BuREN,  and  by  his  prime  minister,  Mr.  Forsyth,  was  again  declined, 
urging  that,  "while  Texas  was  at  war,  and  the  United  States  at  peace, with 
her  adversary ,  her  annexation  involved  the  question  of  war  with  that  adver- 
sary." Indeed,  so  clear  were  the  convictions  of  Mr.  Forsyth,  that  he  in- 
formed Gen.  Hunt,  the  Texian  minister,  that  "the  overture  could  not  oven 
be  received  for  future  consideration ,  as  that  might  imply  a  disposition  on  our 
part  to  espouse  the  quarrel  of  Texas  with  Mexico — a  disposition  wholly  at 
variance  with  the  spirit  of  the  treaty."  Such,  sir,  were  the  positions  taken 
by  Mr.  Van  Buren,  not  only  in  1837,  but  in  his  celebrated  Texas  letter,  of 
the  2()lh  of  April,  1844,  he  reaffirms  those  positions  with  great  force  and 
eloquence,  insistmg  that  this  question  was  not  changed;  that  a  war  yet  ex- 
isted between  Texas  and  Mexico.  And,  sir,  Mr.  Van  Buren,  both  in  1837 
and  1844,  had  the  able  support  of  the  Government  organ  in  this  city.  In 
the  "Globe,"  of  the  29th  of  April,  1844,  now  before  mc,  the  editor  fully 
endorses  Mi.  Van  Buren 's  letter — pronounces  it"  a  production  more  credit- 
able to  his  talents  and  his  patriotioi.i  than  had  ever  been  seen" — declares  his 
"demonstrative  argument  against  annexation  satisfactory  and  conclusive." 
The  same  paper  again,  on  the  Ist  of  May,  1844,  expresses  itself  thu": 

"We  fully  and  cordially  concur  with  Mr.  Van  Buren  in  this  view,"  (that  taken  in  his  letter,) 
"and  say,  it  is  tlie  only  wise,  honorable,  and  practicable  course.  Texas  and  Mexid  ire  now 
at  war,  and  the  armistice,  admits  it." 

Still  further,  sir,  on  the  4th  of  May,  1844,  the  Globe  reiterates  its  posi- 
tion, and  charges  with  great  boldness  that  the  story  of  "British  interference" 
was  a  mere  "pretext  of  recent  invention."  The  same  party  organ,  so  late 
as  the  15th  of  May,  1844,  speaking  of  annexation, and  the  consequent  war, 
insisted  that, 

"  If  the  General  Government  should  take  this  step,  in  violation  of  the  treaty  with  IMexico, 
the  character  of  our  country  would  not  be  left  to  our  posterity  as  the  honorable  inheritance 
handed  down  to  us  by  Washington,  Jefferson,  and  Jackson." 

These  were  noble  sentiments,  and  fearlessly  uttered.  True,  the  Globe 
was  not  blessed  then  with  prophetic  vision,  and  was  illy  preparing  its  read- 
ers for  the  great  political  somerset  which  the  party  made,  two  weeks  after^ 
at  the  Baltimore  convention. 

Sir,  Texas  was  a  new  article,  interpolated  in  the  Democratic  creed  at 
Baltimore.  Up  to  that  time  it  had  not  been  made  a  lest  of  a  man's  Demo- 
cracy. I  appeal  to  my  Democratic  colleagues,  who  always  dance  submis- 
sively to  the  tune  of  modern  Democracy,  to  say  if,  when  Mr.  Van  Buren's 
letter  of  the  20lh  of  April  came  qui.,  followed  by  the  patriotic  endorsement 
of  the  Globe,  they  were  not  responded  to  by  the  great  mass  of  the  party. 
A  loud  political  "Amen"  was  uttered  through  the  ranksj  "Mr.  Van  Buren 
is  right;"  "That  is  the  true  ground."  And  yet — can  you  believe  it,  Mr. 
Chairman? — one  month  and  ten  days  from  that  time  the  orders  were  coun- 
termanded. Slavery  cried  out, "Presto,"  "Change,"  "Right  about  facej" 
and,  with  all  the  subserviency  of  Swiss  troops,  the  jDM«y/acec?  regiments  of 
the  North  wheeled  and  countermarched.  The  Globe  was  hustled  out;  the 
Argus  ate  its  own  words;  and  Van  Buren,  the  great  chief  of  the  party,  had 
his  head  brought  to  the  block.  True,  he  remonstratr  o ,  he  entreated,  he 
pointed  to  his  pledged  vote — to  his  Northern  bead  wit!,  southern  heart — to 


hisl 

this 

Va< 

her 

thai 

dark 


led  the  war  os 
fferent  course, 
question .    In 
•  Jackbon  de- 
r  treaty  of  ani- 
d  to  Mr.  Van 
^ain  declined, 
at  peace, with 
ith  that  adver- 
H,  that  hein- 
ould  not  even 
osition  on  our 
ion  wholly  at 
ositions  taken 
Jxas  letter,  of 
'at  force  and 
I  war  yet  ex- 
both  in  1837 
lis  city.     In 
B  editor  fully 

more  credit- 
-declares  his 
conclusive." 

itself  thuc: 

in  in  his  letter,) 
klexici  ore  now 

ites  its  posi- 
ferference" 
^an,  80  late 
quent  war, 


with  Mexico, 
}le  inheritance 

the  Globe 
g"  its  read- 
eeks  after, 

c  creed  at 
ii's  Demo- 
te submis- 
n  Buren's 
Jorsernent 
the  party, 
an  Buren 
ve  it,  Mr. 
ere  coun- 
ut  facej'* 
iments  of 
out;  the 
trty,  had 
Bated,  he 
leart — to 


1  9 

his  long  course  of  tried  servility;  but  all  in  vain.  He  staggered  at  Texas; 
this  was  his  death-warrant;  one  blow,  and  his  head  is  cleA  asunder.  Poor 
Van  Buren  !  he  has  at  last  met  his  deserts.  But  I  wonder,  in  my  very 
heart ,  how  my  Democratic  colleagues  can  sleep  at  night.  I  should  suppose 
that  the  spirit  of  their  murdered  chief  would  haunt  their  bedsides.  How 
dare  they  rest,  "while  Scipio's  ghost  walks  unavenged  amongthem?" 

But,  Mr.  Chairman,  ''honor  to  whom  honor  is  due."  1  will  do  no  in- 
justice tomy  colleagues.  They  surely  shall  have  credit  where  it  is  deserved.  I 
said,  just  now,  that  Texas  was  a  new  test  of  Democracy.  It  is  a  ttew 
idol-i/noffc ,  BBi  up  for  party  adoration ;  and,  as  in  the  case  of  Nebuchad- 
nezzar's image,  three  were  found  who  refused  to  bow  down  and  worship, 
so  it  gives  me  the  sincerest  pleasure  to  know  that  three  of  my  colleagues 
(Messrs.  King,  Wood,  and  Wheaton,)  refused  to  bow  the  knee  to  Texas. 
Their  voles  were  put  upon  record;  and  there  are  some  indications  that  the 
party  furnace  is  being  heated  into  which  to  cast  them.  But  sure  am  I 
that,  if  their  integrity  is  adhered  to,  they  will,  like  the  three  of  old,  come 
out  wiiliout  the  smell  of  fire  about  them.  Sir,  I  trust  that  my  colleagues 
will  not  deem  my  allusion  unkind,  for  I  assure  them  I  make  it  in  great  sin- 
cerity,  feeling  as  I  do  for  them  u  '  brotherly  aft'ectipn"  for  this  act.  In- 
deed ,  I  felt  that  I  could  forgive  thei.i  i  score  of  political  sins,  when  I  wit- 
nessed their  independence  on  the  I'-ia!  vole  for  the  admission  of  Texas.  I 
know  it  is  said  that  "the  people  have  {t'lssed  upon  the  issue;"  but  I  deny  it. 
That  issue  was  not  presented  fairly  an  ^  nakedly  to  the  electors  in  1844. 
It  was  artfully  evaded  in  the  North.  Political  men  there  darea  not  hazard 
their  interests  on  that  issue.  Indued,  recent  demonstrations  even  in  New 
Hampshire — the  Switzerland  of  modem  Democracy — furnish  evidence  that 
even  the  Granite  State  repudiates  the  embraces  of  Texas.  One  of  her  own 
sons  spurned  the  collar  of  party,  and  on  this  floor  registered  his  protest,  and, 
despite  the  anathemas  of  slaveholders,  stood  firmly  for  freedom  and  his 
country;  and  thrice  has  his  State  recorded  her  approval  of  his  positions,  not 
only  in  three  consecutive  elections,  but  through  that  pile  of  remonstrances 
presented  by  the  venerable  gentleman  from  Massachusetts,  (Mr.  Adams,) 
which  lie  unopened  upon  your  table.  Well,  sir,  if  such  is  the  result  in 
New  Hampshire,  what  might  we  not  have  expected  from  any  of  the  other 
free  States,  had  the  naked  issue  been  presented? 

But  Texas  is  annexed — nay,  she  is  admitted  as  a  State,  with  her  war, 
her  debt,  and  her  slavery;  and  what  result  legitimately  follows?    I  might 
ask,  with  more  propriety,  what  result  would  have  followed   had   Mexico, 
the  plundered  party,  been  able  to  avenge  her  insults?    There  is  not  a  gen 
tleman  on  this  floor  who  would  have  dared  to  push  this  annexation  scheme 
to  completion,  had  Great  Britain  been  the  party  claiming  the  province  of 
Texas.     Yes,  sir,  had  Great  Britain  been  that  claimant,  and  we  had  done 
by  her  as  we  have  done  by  Mexico,  our  cities  would  ere  this  have  been  re- 
duced to  ashes,  our  ports  blockaded,  and  our  streets  drenched  in  blood. 
Are  we  so  base  and  cowardly,  then,  that  what  we  would  not  dare  to  do  to 
the  "mistress  of  the  seas,"  we  are  not  ashamed  to  practise  on  poor  fac- 
tion-torn and  priest-ridden  Mexico?    Is  this  the  way,  sir,  that  we  fulfil  a 
"treaty  of  amity"  with  a  feeble  sister  republic?    Shame  on  the  nation 
that  thus,  in  the  eyes  of  the  civilized  world,  adds  ignominy  to  perfidy. 
[Mr.  Culver  was  here  called  to  order  by  Mr.  Jones,  of  Georgia,  for  irrele- 
vancy;  but  the  Chair  again  decided  that  Mr.  C.  was  in  order,  and  he  there- 
fore proceeded .]     I  am  aware,  Mr.  Chairman,  that  truth  is  not  always 
welcome.    I  perceive  by  gentlemen's  countenances  that  they  dislike  allu- 
sions to  the  past.    Reminiscences  are  not  pleasant.    I  did  not  rise,  sir,  with. 


10 


the  vain  hope  of  stopping  the  mails  in  Texas,  or  of  detaching  her  from  the 
Union.  My  object  was  rather  the  uttering  of  a  few  wholesome' truths  to 
my  friends  over  the  way,  and  stirring  up  their  minds,  by  way  of  remem- 
brance. 

The  President  of  the  United  States,  in  his  annual  message,  has  taken 
one  view  of  this  subject  so  novel  in  law,  and  extraordinary  in  diplomacy, 
that  I  must  ask  the  attention  of  the  House  to  it.  Anxious  to  seize  on  some 
pidtext  to  justify  our  conduct  towards  Mexico,  Mr.  Polk,  on  page  3, speak- 
ing of  the  offer  of  Mexico  to  recognise  the  independence  of  Texas,  on  con- 
dition that  she  would  not  annex  herself  to  us,  says:  ''The  agreement  to  ac- 
knowledge the  independence  of  Texas,  whether  tr«7A  or  without  this  condition  ^ 
ia  conclusive  aa-ainst  Mearico.'*  Ah  !  is  that  so,  Mr  .'Chairman?  Truly, 
this  is  a  new  feature  in  the  law  of  compromise  !  I  had  heard  that  there 
was  "a  third  rate  county  court  lawyer"  in  Tennessee  in  1844,  but  I  did 
not  suppose  that  one  could  be  found  so  rusty  in  the  elements  of  jurispru- 
dence as  to  contend  for  such  a  position.  I  had  supposed  that  an  offer,  by 
way  of  compromise,  so  far  from  being  " conclusive, ^^  was  not  even  evi- 
dence against  the  party  making  it.  I  had  supposed  that  a  man  might  buy 
his  peace.  I  had  sup|K)sed  that  the  laws  regulating  diplomacy  would  have 
allowed  Mexico  to  have  purchased  her  peace,  without  being  concluded  by 
her  offer,  especially  when  it  was  not  accepted.  I  will  submit  to  the  mem- 
bers of  the  legal  profession  on  this  floor,  whether  or  not  I  am  right.  But 
if  Mr.  Polk's  position  is  sound,  that  an  offer  to  compromise  is  "conclu- 
sive" against  the  party,  he  surely  should  be  willing  to  abide  by  his  own 
law.  I  will  give  his  Western  friends  a  case,  then.  On  the  5th  page  of  this 
same  message  I  learn,  that  this  same  Mr.  Polk,  in  July  last,  offered 
to  the  British  Government  the  49th  parallel  of  latitude  as  a>basis  of  compro- 
mise of  the  Oregon  difficulty,  tendering  to  Great  Britain  all  north  of  that 
line  ;  and  that,  too,  sir,  (I  hope  Western  Democrats  will  mark  it,)  after  his 
swelling  inaugural  had  claimed  that  "our  title  to  the  whole  of  it  Was  clear 
and  indisputable  !"  And  after,  too,  that  the  Baltimore  convention,  and 
the  rowdies  of  Tammany  Hall,  had  settled  our  title  to  the  whole.  Yet 
we  find  Mr.  Polk,  after  all  this,  offering  to  the  British  fifteen  thousand 
square  miles  of  our  "clear  and  indisputable"  territory,  for  the  sake  of  a 
compromise!  The  offer  was  not  accepted .  Mr.  Polk  then  withdrew  it, 
and  again  asserted  our  title  to  the  whole  territory.  Now,  should  the  British 
minister  finally  accede  to  that  line,  Mr.  Polk  is  estopped  from  claiming  be- 
yond it.  His  offer  is  "conclusive"  against  the  United  States;  and  Mr.. 
Pakenham  would  need  only  to  cite  him  the  case  of  the  United  States  vs^ 
Mexico,  1  Polk's  reports,  page  3,  where  it  is  decided  that  "an  offer  to  com- 
promise, w^hether  accepted  or  not,  is  conclusive  upon  the  party  making  it." 
If  such  law  is  good  in  Texas,  it  should  be  good  in  Oregon.  But,  sir,  I 
leave  the  President  and  his  friends  to  reconcile  such  law  and  logic  with  the 
writings  of  Coke  and  Littleton. 

But  my  hostility  to  the  incorporation  of  Texas  into  this  Union  rests  upon 
a  deeper  foundation .  I  protest  against  it,  because  its  design  and  tendency 
are  to  strengthen  the  bonds  of  slavery.  That  power  is  already  too  formi- 
dable in  this  country.  The  rights  of  the  free  laborers  are  jeoparded  by  its 
existence.  For  ten  years  it  has  been  making  its  stealthy,  but  deterrtiined 
encroachments  upon  the  North.  It  has  not  been  content  to  remain  where 
the  Constitution  left  it.  It  has  demanded  the  affirmative  support  of  ihe 
General  Grovernment.  The  army,  the  navy,  the  treasury  of  the  nation, 
have  been  unwarrantably  drawn  upon  for  its  defence;  and  last,  but  not 
least,  a  foreign  territory  must  be  added  to  give  it  preponderance. 


Pi 
o( 

S 

oil 

se 
at 


ler  from  the 
le' truths  to 
'  of  remem- 

has  taken 
diplomacy, 
ze  on  some 
?e  3, speak- 
ras,  on  con- 
ment  to  ac- 
8  condition , 
1?    Truly, 
1  that  there 
t,  but  I  did 
)f  jurispru- 
1  offer,  by 
>t  even  evi- 
might  buy 
'^ould  have 
icluded  by 
the  mem- 
ight.    But 


(( 


conclu- 
y  his  owa 
>ageofthis 
St,  offered 
t)f  compro- 
rtJi  of  that 
,)  after  his 

Vvas  clear 
ntion,  and 
ole.    Yet 

thousand 

sake  of  a 
hdrew  it, 
the  British 
iming  be- 

and  Mr. 
States  vs^ 
sr  to  com- 
ikingit.'* 
It,  sir,  I 
■  with  the 

ests  upon 
tendency 
oo  formi- 
led  by  its 
termiued 
in  where 
rt  of  ihe 
3  nation, 
,  but  not 


And  what  returns,  let  me  ask,  has  slavery  been  making  for  the  favors 
shown  her?    Her  acts  are  recorded;  they  cannot  be  mistaken. 

Look,  sir,  at  the  right  of  petition  in  this  House.  Where  is  it?  What 
power  has  stricken  it  down  ?  Freemen  hold  this  right  as  invaluable — as 
one  given  by  God  and  guaranteed  by  the  Constitution  of  the  country. 
Slavery  has  decreed  that  it  may  be  exercised  on  some  subjects,  but  denied 
on  others;  and  I  stand  here  to-day  to  protest  against  the  insult  offered  to 
my  constituents.  I  had  the  honor,  on  the  first  week  of  the  session,  to  pre- 
sent a  memorial,  signed  by  some  2,000  of  them,  respectful  in  language, 
and  asking  the  attention  of  Congress  to  a  legitimate  subject,  over  which 
Congress  has  exclusive  jurisdiction.  The  signers  were  not  confined  to  the 
^Hhird  party,"  so  called,  but  of  all  parties — by  some  of  the  most  respecta- 
ble and  intelligent  in  my  district.  How  was  it  treated?  Denied  a  refer- 
ence or  consideration — consigned,  unopened,  to  your  (able,  there  to  take  its 
long  repose.  On  whose  motion  ?  On  that  of  a  Southern  gentleman,  [Mr. 
Bayly,  of  Virginia.]  And,  to  show  the  even-handed  justice  and  impar- 
tiality of  the  House,  I  had  hardly  taken  my  seat  before  a  gentleman  from 
South  Carolina,  on  my  left,  (Mr.  Sims,)  rose  and  presented  the  proceedings 
of  an  anti-tariff  meeting  in  his  State,  denouncing,  in  strong  language,  the 
protective  policy  of  the  country,  claiming  (I  use  the  words  of  the  petition- 
ers) that  they  "desired  to  take  off  the  fetters  from  home  industry."  Sir,, 
when  that  was  presented,  how  was  it  disposed  of?  Did  you  see  some  eight 
or  ten  Northern  gentlemen,  having  charge  of  the  table  department,  jump- 
ing upon  their  feet,  and  moving  to  lay  it  on  the  table?  Far  from  it,  sir. 
It  was  respectfully  received,  referred  to  a  standing  committee  of  this  House, 
has'since  been  considered  attentively,  and,  in  due  time,  will  be  reported  on. 
Wherefore  this  odious  and  arbitrary  discrimination?  Are  the  gentleman's 
constituents  better  than  mine?  Are  they,  because  of  their  loud  thunder 
and  ominous  threats,  to  be  commended  to  favor  here  over  the  unobtrusive 
Quakers  from  my  district?  All  the  difference  that  I  could  perceive  in  the 
two  cases  was,  that  the  gentleman's  memorial  asked  Congress  to  take  the 
.fetters  off  home /«6or,  and  mine  to  take  them  off  home  laborers.  The 
one  wtis  an  abstraction  worthy  of  South  Carolina  optics;  the  other  a  prac- 
tical matter,  worthy  of  the  common  sense  of  Yankees. 

Gentlemen  complain  that  the  anti-slavery  sentiment  of  the  North  is  en- 
dangering their  cherished  institutions.  Who,  sir,  is  responsible  for  that 
anti-slavery  feeling  ?  Slaveholders  may  thank  themselves  for  its  rapid  in- 
crease these  few  past  years.  The  alarming  strides  of  slavery  in  the  coun- 
try— the  deeds  it  has  causer'  \  be  perpetrated  on  this  floor  and  elsewhere — 
have  not  been  among  the  remote  causes  of  increased  hostility  to  its  existence. 
I  could  allude  to  scenes  fresh  in  the  recollection  of  gentlemen .  How  long, 
Mr.  Chairman ,  since  an  honorable  member  of  this  House,  (Mr.  Giddings, 
of  Ohio,)  for  the  exercise  of  a  constitutional  right,  and  the  discharge  of 
what  he  deemed  an  honest  duty,  was  arraigned,  condemned  at  your  bar ^ 
and  virtually  expelled  from  this  hall?  But  did  you  conquer  him,  or  crush 
the  cause?  No.  He  returned  to  his  high-minded  constituents,  and  told 
them  of  the  ignominy  heRped  upon  them  and  him.  They  honored  his 
sternness,  commended  his  mtegrity,  and,  with  a  round  majority,  gave  him 
a  new  commission,  and  sent  him  back  to  battle  still  longer  on  the  ramparts 
of  freedom.  Sir,  that  event  gave  a  new  impulse  to  the  anti-alavery  feeling 
of  the  North.  It  formed  a  new  era  in  its  history.  It  caused  that  feeling 
to  widen  and  deepen  in  the  hearts  of  Northern  freemen.  It  is  because, 
slavery  thus  attempts  to  awe  and  strike  down  the  representatives  of  free- 
dom, that  we  oppose  its  extension  and  increase.    The  case  of  my  worthy 


frifiiid  from  Ohio  ia  riot  the  iMily  ofltJ  which  the  free  men  aha  fr6e  wotnea 
of  the  North  have  registered  in  their  book  of  remembrance.  No,  sir.  Thejr 
have  not  forgotten  the  perilous  hour  wh6n  their  tried  champion ,  the  vene- 
rable gentleman  from  Massachusetts,  (John  CIuincy  Adams,)  met  that 
mme  enemy  on  this  floor.  O  !  sir,  I  would  that  Southern  gentlemen  could 
have  known  how  the  Northern  pulse  quickened  on  that  occasion ,  and  with 
what  burning  anxiety  we  waited  the  arrival  of  every  mail .  And  at  the 
moment  when  we  looked  to  see  him  swept  down  by  the  billows  of  South- 
ern wrath,  we  saw  him  triumph  in  the  conflict.  He  bore  himself  hke  an 
ancient  rock  in  the  midst  of  the  ocean,  against  which  wave  after  wave 
clashed  and  broke,  leaving  him  majestic  in  his  victory.  Never,  sir,  never 
did  such  rich  and  mellow  lustre  surround  the  sitting  sun  of  that  venerable 
man.  Never  were  Northern  hearts  so  overflowing  with  afl!*eclion  and  grati- 
tude. And  when,  a  few  months  after  that  scene,  the  venerable  statesman 
set  out  on  a  quiet  and  unostentatious  tour  through  the  Northern  States,  he 
was  everywhere  greeted  with  one  continued  round  of  heartfelt  gratitude.  I 
remember  it  well.  He  visited  in  the  vicinity  of  my  own  residence.  Party 
prejudices  were  forgotten,  old  animosities  lost  sight  of,  and  one  spontaneous 
burst  of  affection  everywhere  marked  his  journey.  Ah,  sir,  we  loved  and 
honored  the  man  who  dared  to  stand  in  the  breach ,  and  battle  for  our 
rights,  in  the  hour  of  peril.  That  was  another  chapter,  Mr.  Chairman,  in 
the  history  of  anti-slavery  feeling. 

[Mr.  Culver  was  here  again  called  to  order  by  Mr.  Price,  of  Missouri, 
for  discussing  foreign  topics;  and  Mr.  McConnell,  of  Alabama,  repeatedly, 
during  Mr.  C.'s  remarks,  interrupted,  by  calls  to  order;  but  the  Chair  ruled 
that  the  remarks  were  not  out  of  order,  and  that  Mr.  C.  was  entitled  to 
proceed .] 

Mr.  Chairman,  as  gentlemen  appear  uneasy,  and  my  hour  is  wearing 
away,  I  will  hasten.  ' 

I  was  alluding  to  the  attempts  of  slaverj'  to  override  the  ConslituJ ion, here 
and  elsewhere,  urging  as  a  reason  why  1  oppose  its  extension  in  Texas.  If 
the  supporters  of  slavery  had  abided  the  terms  of  the  compact,  and  been 
scrupulous  to  respect  the  rights  of  the  Noith,  stipulated  in  that  compact,  it 
would  have  disarmed  its  enemies  of  some  of  their  keenest  weapons.  But, 
on  this  matter,  there  is  a  strange  monomania  in  the  South.  The  Constitu- 
tion is  regarded  as  a  compact  expressly  for  Southern  interests  and  Southern 
advantages.  They  seem  unwilling  to  allow  that  the  North  has  some  rights 
and  immunities,  secured  by  that  instrument.  Now,  sir,  it  is  timf  that  gen- 
tlemen knew  there  are  two  sides  to  the  Constitution. 

Ihold  this,  in  relation  to  it;  When  we  entered  into  the  great  constitutional 
co-partnership  with  our  Southern  neighbors,  and  became  tenants  in  common 
of  all  the  territory  then  reaching  from  Maine  to  Georgia,  an«'  from  the  Gran- 
ite Hills  to  the  Rocky  Mountains,  the  same  articles  of  co-partnership,  which 
tticitly  (for,  thank  God,  it  is  not  expressly)  permitted  slavery  to  exist  in  the 
South,  took  special  care  to  give  to  the  North  something  to  keep  it  in  check. 
The  men  who  framed  the  Constitution  loved  freedom,  and  hated  slavery. 
TTiey  had  just  come  from  the  fields  of  the  Revolution.  They  had  drunk 
deefj  at  the  gushing  spring  of  liberty;  and  hence  it  was  that  they  would  not 
«oil  the  pages  of  that  instrument  by  the  word  ''slave"  or  "slavery;"  and 
yet,  for  the  sake  of  the  compromise,  they  permitted  slavery  to  exist,  well 
knowing  that  its  days  would  be  numbered  and  its  duration  limited.  And 
when  the  North  hesitated  to  enter  the  compact  with  slavery,  the  framers  of 
the  Constitution  virtually  replied  to  them — True,  we  negatively  tolerate 
slavery,  but  we  secure  to  yoli  in  it  certain  checks  and  antidotes;  these,  by 


iti 

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iheir  legitimate  action,  will,  jn  due  time, eat  out  and  destroy  slavery.  True, 
it  is  a  grievous  evil  to  be  tolerated  in  the  compact,  but  with  it  we  guarantee 
to  yow  freedom  of  speech^  liberty  of  the  press,  and  the  right  op  petition  j: 
with  the  judicious  exercise  of  all  these,  slavery  cannot  long  exist.  Discus- 
sion, experience,  and  intelligence,  will  drive  it  from  the  land.  The  Nortl| 
finally  entered  the  compact.  Well,  sir,  we  travelled  on  in  our  "joint  occu- 
pancy" fifty  years.  But  slavery,  instead  of  retiring,  grew  witli  our  growth 
and  strengthened  with  our  strength.  At  length  the  North  began  to  exer- 
cise some  of  its  rights.  Slavery  began  to  be  discussed  as  a  great  national 
and  moral  evil.  The  press  began  to  speak  in  tones  of  rebuke.  Petitions 
began  to  wend  their  way  to  this  Capitol.  But  what  was  the  result?  Why^ 
sir,  we  were  met,  tw /«m«»c,  by  the  slave  power.  We  were  denied,  one 
and  all,  the  exercise  of  these  rights.  Our  presses  were  demolished — discus- 
sion interdicted  by  mobs — our  mail  bags  rifled ,  and  the  right  of  petition  de- 
nied us  on  this  floor.  And  we  were  told  by  the  South  that,  if  we  persisted 
in  the  exercise  of  these  rights,  they  would  dissolve  the  Union.  Very  well. 
If  slavery  cannot  abide  the  compact,  then  on  her  head  be  the  consequences 
of  its  violation.  We  mean  to  adhere  to  the  terms  of  the  agreement;  and, 
''while  life  and  breath  and  being  last,"  we  will  surrender  no  right  secured 
to  us  in  that  compact. 

I  am  aware,  sir,  that  the  utterance  of  these  sentiments  may  subject  me 
to  the  appellation  of  an  "Abolitionist."  I  will  put  that  right.  I  was  npt 
sent  here  by  the  '' AboUtionists  proper."  They  did  not  deem  me  orthodox; 
they  voted  for  their  own  candidate,  in  opposition  to  me.  While,  therefore, 
I  might  say  that  I  owed  them  nothing,  as  a  party,  yot  this  floor  is  not  the 
place  whereon  to  settle  controversies  with  them .  J  find  here  a  more  formi- 
dable enemy,  which  requires  all  my  attention;  and  ugainst  its  attacks  I  will 
defend ''Abolitionists,"  and  all  others  of  my  constituents.  And  while  on 
this  point,  Mr.  Chairman,  I  beg  leave  to  vindicate  the  Whigs  of  my  own 
State  from  an  imputation  attempted  to  be  cast  upon  them ,  here  and  else- 
where. 

The  cry  of  "Abolition  Whigs^^  has  been  rung  upon  them.  Well,  sir,  if 
I  may  be  allowed  to  be  their  humble  organ  here,  I  will  tell  you  just  how 
far  the  charge  is  true.  If  opposition  to  perpetuating  slavery  by  the  uncon- 
stitutional acquisition  of  foreign  slave  territory;  if  resistance  to  the  assaults 
of  slavery,  when  slavery  leaps  its  own  bounds;  if  a  laudable  desire  to  ele- 
vate 14,000  of  our  citizens,  now  debarred,  solely  for  their  color,  to  the  priv- 
ileges of  the  elective  franchise;  if  a  generous  sympathy  for  a  distinguished 
citizen  of  Kentucky,  (Cassius  M.  Clay,)  in  his  noble  and  constitutional 
effort  to  rid  his  own  State  of  the  curse  of  slavery;  if  standing  for  our  rights, 
as  the  Constitution  settles  them,  and  holding  slavery  strictly  to  the  same;  if 
these  positions  render  us  obnoxious  to  the  charge  of  "Whig  Abolitionists," 
then  must  we  plead  guilty.  But,  beyond  this,  the  charge  is  wantonly  false, 
and  put  forth  for  selfish  and  malicious  ends.  Neither  myself,  nor  the  Whigs 
of  my  State,  ever  proposed  to  go  beyond  the  Constitution  to  assail  slavery,  or 
to  seize  tinconstitutional  weapons  with  which  to  fight  it.  We  believe  that 
we  understand  this  matter  fully.  We  act,  and  shall  continue  to  act,  in 
self-defence.  Nay,  I  will  do  justice  even  to  the  reviled  *' Abolitionists y** 
who  seem  to  be  common  targets,  at  which  all  the  artillery,  big  and  little,, 
on  this  floor,  is  pointed.  TYtey  do  not  ask  Congress,  l  or  propose  them- 
selves, to  violate  the  Constitution,  in  reaching  slavery.  They  all  know 
that,  in  the  slave  States,  it  is  not  the  subject  of  direct  action  of  Coo^ess,. 
nor  have  they  desired  such  an  interference.  But  they  do  rlaim  that,  in  the 
Territories  and  in  this  District,  the  action  of  Congress  may  be  legitimately 


14 

invoked.  They  do  claim  that  they  have  the  right  to  discuss^  to  print,  to 
petition  upon  the  subject,  as  a  ^reat  moral  and  political  evil.  And  so  long 
as  this  right  is  denied  them, so  long  will  the  war  wax  hotter  against  slavery. 
I  am  well  known,  at  home  and  abroad,  as  not  endorsing  all  their  measures, 
deeming  some  of  them  ill-advised  and  unwarrantable;  yet  the  mass  of  them 
are  honest,  patriotic,  and  intelligent,  and  they  know  well  whereof  they 
speak.  I  can  assure  the  honorable  gentleman  from  Virginia  (Mr.  Bayly) 
tnat  there  are  Quaker  women,  whose  names  are  on  the  memorial  which  he 
so  gallantly  moved  to  lay  upon  the  table,  who  would  put  him  to  his  best  in 
a  constitutional  argument  on  slavery  in  the  District  and  Territories. 

Mr.  Chairman,  I  will  dismiss  this  part  of  the  subject  by  briefly  explaining  to  you,  and, 
through  you,  to  the  country,  wliy  the  North  is  wiUing  and  the  South  unwilling  to  abiae  by  the 
original  compact.  The  North,  conscious  of  the  integrity  of  its  cause,  and  the  defensibihty  of 
its  claims,  relies  upon  truth,  and  argument,  and  fact,  to  sustain  it ;  while,  on  the  other  hand, 
the  South — I  hope  I  shall  not  be  deemed  uncharitable — the  South,  as  if  instinctively  conscious 
of  its  vulnerable  points,  refuses  investigation,  silences  discussion,  and  tramples  with  impunity 
upon  the  right  of  petition.  I  beg  to  be  understood  wlien  I  speak  of  the  South.  I  do  not  mean 
all  of  the  South.  There  are  some  noble  spirits  there — men  who  view  this  matter  in  a  calm 
light.    There  are  such  upon  this  floor ;  ana,  I  take  pleasure  in  adding,  that  my  personal  ac- 

?uaintance  with  some  of  them  here  has  modified  my  feelings  and  opinions  of  slaveholders.  But 
mean  by  "the  South"  that  larger,  self-styled  "Democratic,"  portion  of  them,  who  spin  abstrac- 
tions by  moonlight  behind  cotton  bags — who  think  "  the  world  was  made  for  CaBsar,  and  not 
for  all  mankind" — who  think  that  the  Constitution  stops  short  at  Mason  and  Dixon's  line.  To- 
wards that  portion  even,  the  cool  North,  conscious,  as  I  have  described  it  to  be,  rec^uires  no 
retaliatory  measures.  No,  sir.  'We  have  no  need  of  "gags"  and  "previous  questions"— of 
mobs  and  bloodshed.  And  I  can  assure  iny  friend  from  Ssouth  Carolina,  (Mr.  Sims,)  and  any 
others  who  may  desire  to  present  anti-tariff'^memorials,  that  they  will  not  find  me,  nor  any  other 
Northern  Representative,  moving  to  lay  them  upon  the  table  unconsidered.  No,  sir.  We  say 
to  them,  frankly,  send  on  your  petitions,  gentlemen — bring  up  your  memorials ;  and  although 
they  ask  such  legislation  as,  if  granted,  would  stab  Northern  interests  to  the  heart,  yet  they 
shall  be  received,  respectfully  referred,  considered,  and  acted  upon.  And  if  we  cannot  by  cool 
Yankee  reasoning,  convince  you  of  your  wrong,  and  overturn  your  positions,  we  will  grant 
your  requests.  Nay,  more.  If  you  desire  it,  come  and  establish  your  anti-tai'lfl*  presses  at  Low- 
ell and  Merrimack — convince  our  "  poor  factory  girls,"  who  are  getting  their  two,  three  and  four 
•dollars  per  week,  that  they  are  oppressed,  that  they  are  worse  off  than  your  slaves — prevail  on 
them  to  run  away  to  Alabama  or  Texas,  and  sell  themselves ;  or,  if  you  please,  come  and  locate 
your  pro-slavery  presses  in  Boston,  in  Providence,  in  New  York — hold  up  and  defend  the  beau- 
ties of  your  slave  system — decry  free  labor — prevail  on  the  working  masses  to  run  away  South, 
and  become  slaves.  Do  all  this,  gentlemen,  and,  with  it,  we  guarantee  to  you  the  broad  shield 
of  the  Constitution.  No  Lynch  law  shall  incarcerate  your  champions ;  no  polite  "  committee  of 
60"  ruflians  shall  tear  down  your  press,  and  send  it  to  a  slave  Slate;  no  rutliless  mob  shall 
shoot  down  your  editors  at  night,  (as  ours  have  been,)  and  the  murderers  go  unwhipped  of  jus- 
tice. And  if  your  citizens  be  illegally  imprisoned  in  Beaton,  without  bail,  or  counsel,  or  friends, 
the  agents  of  your  Governors,  sent  to  loolc  after  them,  shall  not  be  expelled  by  a  mob;  your 
writ  shall  be  allowed,  and  your  case  tested  by  law.  We  will  meet  you  on  all  these,  with  far 
other  weapons ;  will  oppose  argument  to  argument,  press  against  press,  editor  against  editor. 
We  will  put  on  our  norace  Greelys,  our  Redwood  Fishers,  and  our  Cfuirles  HudaonSy  and  by  facts 
and  figures  and  demonstration,  we  could  give  your  champions  such  a  death  hug,  that  a  second 
grapple  would  never  be  courted.  And  why  would  the  North  so  meet  this  issue?  Because,  sir, 
truth  loves  discussion — a  good  cause  brightens  by  argument ;  while  error  hates  both,  and  r  ..  . 
cause  is  made  worse  by  investigation. 

'  Am  I  not  warranted,  then,  in  assigning  these  as  the  true  reasons  why  one  section  of  this 
Union  has  strengthened  and  perpetuated  its  local  power  at  the  expense  of  the  other  ?  Is  not 
this  the  reason  why  Texas  to-day  stands  recorded  a  member  of  this  confederacy .'  I  assure 
gentlemen  that  this  iniquitous  scheme  has  engendered  a  feeling  of  bitterness  in  the  North 
which  time  will  not  soon  eradicate. 

I  know,  Mr.  Chairman,  that  these  honest  truths  will  not  be  well  received  here  and  elsewhere. 
And  it  has  been  intimated  to  me  here,  and  at  home,  that  the  avowal  of  such  sentiments  would 
not  to  be  tolerated  on  this  floor.  But,  sir,  whatever  other  properties  may  have  been  ascribed  to 
me,  I  believe  that  I  was  never  called  a  coward  in  uttering  my  honest  sentiments.  And  standing 
here  in  my  place,  and  with  the  responsibility  which  attaches  to  the  station,  I  pronounce  this 
whole  Texas  scheme  a  piece  of  political  piracy  from  lieginning  to  end.  I  wash  my  hands  of 
all  participation  in  the  guilty  deed  ;  and  against  the  whole  of  it,  I  here,  on  niy  own,  and  on  the 
behalf  of  my  wronged  constituency,  enter  my  solemn  protest. 

A  few  words,  Mr.  Chairman,  in  defining  my  position  upon  Oregon,  and  I  shall  have  done. 
{Mr.  HocsTON,  of  Alabama,  here  called  Mr.  Culver  to  order,  insisting  that  it  was  not  in  order 
to  debate  that  subject  on  this  bill.  Bat  the  Chair  again  ruled  that,  as  the  House  was  now  in 
Committee  of  the  Whole  on  the  state  of  the  Union,  remarks  upoji  Oregon  were  not  out  of  or- 


T 


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15 


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I 


4er.1  Mr.  C.  proceeded.  I  am  antonished,  sir,  that  gentlemen  should  think  me  out  of  order 
in  alluding  to  Oregon;  especially  when,  in  discussing  Oregon,  for  weeks,  Texas  has  again  and 
«gain  been  drawn  into  the  debate,  and  no  one  thought  of  calling  to  order.  Moreover,  my  re- 
marks, of  five  minutes'  duration,  will  stand  in  the  place  of  a  set  speech  of  one  hour,  as  I  have 
giver  up  all  hope  of  obtaining  the  floor  in  the  scramble  with  sixty  competitors. 

I  uin  m  favor  of  giving  the  notice  to  Great  Britain  to  terminate  the  joint  occupancy  of  this 
territory.  Believing,  as  I  do,  that  we  have  rights  there  which,  when  clearly  denned  and  set^ 
tied,  we  should  insist  upon  and  defend,  I  go  for  "all"  that  we  really  own.  If  difficulties  arise 
in  ascertaining  the  precise  extent  of  those  rights,  I  would  call  to  my  aid  the  light  of  history, 
and  the  principles  settled  by  the  law  of  nat-ons.  I  am  not  one  of  those,  sir,  who  believe  that  a 
Tummany  club,  a  Baltimore  caucus,  or  a  partisan  inaus^ural,  constitute  the  best  tribunal  for 
settling  a  gmve  question  of  eminent  domain.  The  question,  for  twenty-five  years,  was  thought 
sufficiently  intricate  and  doubtful  to  call  for  the  cud  of  negotiators.  When  wise  counsels  pre- 
vailed, in  the  days  of  Monroe  and  Adams,  and  Grallatin  and  Rush  and  Clay,  it  was  deemed  a  fit 
subject  for  negotiation.  And  so  doubtful  was  the  question  of  title  deemed,  that  three  times  had 
«ur  Government  offered  to  divide  the  territory  on  the  parallel  of  49°.  But  it  was  reserved  for 
a  newborn  President  in  1845,  in  response  to  a  political  caucus,  to  brush  away  all  these  doubts — 
to  throw  the  wisdom  of  his  predecessors  into  the  shade,  and  proclaim  "our  title  to  the  whole 
territory  to  be  clear  and  unquestionable" — so  very  clear  as  not  even  to  be  questioned.  And 
yet,  strange  to  tell !  not  five  months  elapse,  before  this  same  Chief  Magistrate  offers  to  give 
away  to  Great  Britainytve  degrees  and  forty  minutea  of  our  "clear  and  unquestionable''  soil ! 
Understand  me,  Mr.  Chairman,  I  am  not  saying  whether  he  was  right  or  wrong  in  his  claim 
on  the  4th  of  March,  or  in  his  offer  on  the  12tn  of  July.  I  only  wish  to  put  Uiis  and  this  to- 
gether, that  my  Democratic  friends  may  see  not  only  the  quick  sagacity  of  their  new  President 
m  discerning  intricate  title,  but  edso  his  practical  consistency  in  Holding  fast  to  such  title.  I 
kave  his  friends,  however,  to  reconcile  discrepancies,  and  extricate  him  from  the  dilemma. 

If  I  may  be  allowed  a  word  in  relation  to  this  question  of  title — and  it  can  be  but  a  word — I 
would  say,  that  up  to  49°,  or  to  the  point  as  far  north  as  the  head  waters  of  the  Columbia,  I  be- 
lieve our  title  is  conclusive,  and  can  be  demonstrated  to  be  such  against  the  whole  world. 

In  affirming  such  a  title,  I  confess  I  do  not  draw  my  strongest  ailments  from  the  discovery 
of  the  whole  continent  by  Columbus,  in  1492 ;  nor  from  the  subsequent  grant  of  it  all  by  the 
Pope  of  Rome  to  tlie  King  of  Spain.  Such  discovery  and  grant,  to  be  sure,  should  not  be  light- 
ly needed  by  Great  Britain,  for  she,  herself,  subsequently,  claimed  right  to  parcel  out  in  large 
slices,  giving  by  charter  to  Massachusetts  colony  all  between  42°  and  48°,  from  the  Atlantic  to 
the  Pacific ;  ana  another  to  Virginia,  reaching  from  "  sea  to  sea,"  between  certain  other  paral- 
lels. Nor  yet  do  I  draw  largely  from  the  discovery  of  the  northwest  coast  in  1543,  by  Spain. 
That  discovery  was  not  followed  by  exploration  and  settlement,  for  nearly  two  hundred  years, 
if  we  except  a  temporary  trading  post  at  Nootka ;  and  even  that  was  abandoned  in  1795.  It 
cannot,  moreover,  be  denied,  that  the  Spanish  claim  to  the  country,  whatever  it  was,  was  some- 
what modified  by  the  Nootka  Sound  Convention,  in  1790  Under  that  convention.  Great  Britain 
obtained  certain  rights  of  hunting,  trading,  and  "  making  settlements."  How  far  tliose  rights 
were  subsequently  modified  or  abrogated,  by  the  war  between  Great  Britain  and  Spain  in  1796, 
I  shall  not  stop  now  to  enquire.  What  I  would  say  is,  that  discovery  alone  is  not  the  most  sa- 
tisfactory evidence  of  title ;  apd  yet  I  would  not  assert  that  it  did  not  form  a  remote  link  in  the 
chain. 

By  the  Florida  treaty  of  1819,  Spain  transferred  to  us  all  her  rights,  whatever  they  were,  to 
the  whole  territory.  Yet,  I  am  free  to  admit,  that  the  discovery  of  the  country  by  Spain,  and 
her  transfer  to  us,  do  not  ftirnish  the  clearest  and  most  conclusive  evidence  of  title.  1  prefer  rest- 
ing our  claims  upon  more  substantial,  satisfactory,  and  practiad  evidence.  I  speak  now  of  the 
portion  south  of  49°.  I  rest  them  upon  the  strong  grounds  of  the  exploration  of  the  Columbia 
river,  in  1792,  by  Capt.  Robert  Gray,  of  Boston.  That  indefatigable  Yankee  navigator  passed 
the  bar  at  the  mouth  of  that  hitherto  disputed  river,  sailed  up  its  channel  several  miles,  and  gave 
it  the  name  of  "  Columbia,"  in  honor  of  his  own  ship.  Confirmatory  of  the  title  by  Gray's  ex- 
ploration, we  have  that  of  Lewis  and  Clark,  in  1805,  who  explored,  under  the  patronage  of  the 
Government  of  the  United  States,  the  head  waters  of  the  same  river,  and  traced  it  to  the  ocean. 
These  explorations  were  followed  in  1810  by  the  settlement  at  Astoria,  by  John  Jacob  Astor,  at 
the  mouth  of  that  river.  This  post  was  taken  by  the  British  in  the  war  of  1812,  but  was  form- 
ally and  solemnly  restored  to  the  United  States  by  the  treaty  of  Ghent,  in  1814,  since  which 
time  pioneers  and  settlers  from  cv,r  country  have  been  steadily  filHng  up  the  territory.  These 
explorations,  settlements,  and  occupation,  constitute,  with  me,  a  good,  valid,  conclusive  title— 
a  title  sufficiently  perfect,  without  the  transfer  from  Spain.  In  this  opinion  I  am  supported  by 
the  arguments  of  the  American  negotiators  in  1818,  before  we  obtained  the  Spanish  tide.  Cer^ 
tain  it  is,  that  those  distinguished  plenipotentiaries  then  maintained  the  validity  of  our  title  to 
all  south  of  the  49th  parallel,  on  the  strength  of  Capt.  Gray's  discovery  and  exploration,  and 
the  subsequent  settlement  and  occupation.  "Those  positions  and  arguments  were  re-affinned  by 
Mr.  Calhoun,  in  his  official  correspondence  with  the  British  minister  in  1844,  and  reiterated  again 
by  Mr.  Buchanan  in  1845. 

Now,  sir,  candor  compels  us  to  admit,  that  just  so  far  as  we  strengthen  our  title  to  all  south  of 
49°  by  the  acts  of  Capt.  Gray,  and  Lewis  and  Clark;  so,  north  of  that  line  by  the  discovery  and 
exploration  of  Fraser's  river  by  McKenzie,  a  British  subject,  in  1792,  is  tli**  British  title  strength- 
ened to  the  country  drained  by  its  waters.  If  the  law  of  nations  aids  w  in  deriving  title  from 
these  sources,  it  should  be  allowed  equally  to  aid  our  antagonist. 


16 


I  therefore  say  frankly,  that  our  title  to  that  part  lying  north  of  the  49th  parallel,  is  not  so 
"  dear  i^id  indisputable"  as  it  is  to  the  portion  south.  Ajid  had  our  negotiators  effected  a  set- 
tlement on  (hat  hne  in  1818,  '24,  or  '27,  the  country  and  the  world  would  have  acquiesced  in  ita 
equity  and  fcdmess.  And  had  Mr.  Folk  adjusted  the  matter  on  this  basis  in  1845,  the  country 
would  have  been  less  inclined  to  have  grumbled  at  the  result,  than  it  would  have  been  to  have 
smil6d  at  the  sudden  evaporation  of  his  inaugural  claim.  Ana  I  say  here,  sir,  that  if  honorable 
negotiation  can  .effect  a  compromise^  substantially  on  this  line,  Wo  to  the  man  who  plunges  us 
into  a  war  for  that  to  which  our  claim  is  not  "  clear  and  unquestionable."  I  am  not  saying  that 
we  .lave  no  color  of  title  north  of  this  line,  nor  that  our  adversary  has  a  perfect  one ',  but  I  would 
Bay,  that  our  rights  there  are  a  fit  subject  for  honorable  negotiation. 

As  we  have  riehts,  therefore,  in  Oregon,  I  shall  vote  for  the  notice,  believing  its  tendency  will 
be,  not  to  provoke  war,  but  quicken  negotiation,  and  produce  an  amicable  adjustment.  Embar- 
rasnnents  will  but  thicken  around  by  every  month's  delay.  The  irritated  feelings  between  the 
two  countries  is  everyday  rising  higher  and  higher ;  and  unless  an  adjustment  be  speedily  effiected 
this  feeling  will  place  the  question  beyond  the  control  of  negotiation.  In  its  present  shape  the 
temptations  for  political  capital  are  too  strong  to  be  resisted  by  party  demagogues.  It  should,  if 
possible,  at  once  be  placed  beyond  their  reach. 

Moreover,  the  notice  is  not  of  itself  just  cause  of  offence.  It  is  a  stipulated  right  in  the  con* 
vention  of  1^7.  Great  Britain  having  agreed  that  we  might  give  it,  will  not  thereby  have  any 
cause  for  offence.  And  if  Mr.  Folk  and  his  advisers  see  fit  to  surround  it  with  offensive  embarrass- 
ments, provocative  of  war,  on  their  heads  be  the  consequences.  But  I  do  not  believe  that  war  will 
come  01  it.  The  respective  nations  have  interests  too  vast  and  momentous  involved  in  the  is- 
sue. The  age  is  too  enlightened  and  peaceful — public  sentiment  too  much  advanced  in  correct 
views — the  matter  really  in  dispute  too  small — to  warrant  the  probability  of  so  direful  an  event. 
Besides,  one  section  of  this  Union  is  already  planting  itself  in  hostility  to  a  war,  and  that  sec- 
tion generally  bears  sway  in  the  nation.  To  that  section  the  present  C;hief  Magistrate  is  known 
to  be  closely  allied,  easily  swayed  by  its  counsels,  and  controlled  by  its  preferences.  That  sec- 
tion, well  knowing  the  disastrous  effects  ofawarupon  its  cherished  interests,  is  alarmed  at  its  bare 
possibility.  Yes,  Mr.  Chairman,  the  scene  has  been  one  a  little  amusing,  to  see  gentemenl 
who,  twelve  months  ago,  were  ready  to  brave  war,  dishonor,  and  disgrace  to  grab  what  did  not 
belong  to  us,  now  fluttering  with  the  timidity  of  an  affrighted  maiden  at  the  bare  mention  of 
taking  possession  of  what  dots  belong  to  us.  They  were  loud  in  shouting  responses  to  the  Bal- 
timore compact — "All  Oregon  and  Texas,"  while  that  was  to  gain  them  a  President  £uid  Tex- 
as ;  but,  these  obtained,  the  compact  is  repudiated. 

I  ask  my  Northern  Democratic  friends  if  this  is  the  way  their  Southern  allies  fulfil  compacts? 
Have  you  not  been  cheated  ?  Is  this  the  reward  for  your  Texas  fealty  ?  Would  you  not  have 
been  wise  to  have  kept  Texas  as  a  hostage  for  Oregon  a  few, weeks?    Pray,  then,  profit  by  ex- 

Serience.  Don't  be  caught  a  second  time.  Southern  friendship  you  will  find  co-extensive  with 
outhern  inUrestt,  and  deep  as  Southern  pockets.  They  want  your  help  on  one  occasion  more. 
They  wish  your  co-operation  in  striking'  down  the  tarin  of  1842.  Give  them  this,  and  let  them 
stave  off*  Oregon,  till  the  deed  is  consummated,  and  then,  my  word  for  it,  the  favors  you  get  from 
them  for  Oregon,  or  for  any  other  interest  not  kindred  to  their  own,  will  be  few  and  far  between. 
And  to  that  portion  of  the  Southern  army  who  originated  and  consummated  the  Texas  scheme^ 
and  who  now  hesitate  about  Oregon — ^wno  start  back,  and  cry  o^t,  "A  lion  in  the  way !" — to 
you  I  would  say,  if  war  shall  come,  remember  that  you  have  aroused  the  spirit  of  territorial  ac- 
quisition, whicn  is  now  returning  to  trouble  you.  You  have  labored  for  nine  years  to 
wake  up  a  national  hatred  against  Great  Britain  for  her  anti-slavery  movements.  That 
hatred  aroused,  is  now  casting  heavy  embarrassments  over  negotiation ;  embarrassments 
which  are  hourly  multiplying  the  chances  of  war.  And  with  the  horrors  of  war  floating 
before  you,  I  should  not  wonder  if  your  vision  rested  upon  results  connected  with  it. 
Does  it  not  a  little  trouble  you,  when  you  think  of  the  long  line  of  free  States  that 
will  yet  be  carved  out,  stretching  three  thousand  miles  west  to  the  Pacific  Ocean,  coupled 
with  the  probability  that  all  Canada  may  yet  be  called  in  to  restore  the  lost  balance  of 
the  Union?  If  your  sleep  is  disturbed  by  the  horrors  of  war — if  the  visions  of  British  steamers 
in  your  harbors^^f  your  cities  in  flames — of  marshalled  "  regiments  of  black  troops"  in  your 
midst — if  these  haunt  you,  and  if  all  these,  in  due  time,  shall  be  realized — point  to  Texas,  and 
say,  this  is  the  price  we  pay  for  it,  remembering,  that  He  who  sits  in  the  circle  of  the  Heavens, 
and  holds  the  balance  in  His  hands,  will  mete  out  justice  to  nations,  as  well  as  to  individuals. 
Thanking  the  House  for  their  kind  attention  at  this  late  hour,  and  you,  Mr.  Chairman,  for 
the  firm  support  which  you  have  given  me,  and  t  dering  my  ackowleagments  to  the  gentlemen 
over  the  way  for  the  caun  and  uniMerrvfted  manner  in  which  they  have  permitted  me  to  speak, 
I  relieve  your  patience. 


allel,  is  not  so 
efiected  a  set* 
quiesced  in  itfi 
>,  the  country 
B  been  to  have 
It  if  honorable 
ho  plungea  us 
ot  Baying  that 
! ;  but  I  would 

tendency  will 
ent.  Embar- 
s  between  the 
sedily  effected 
ent  shape  the 
It  should,  if 

ht  in  the  con- 
eby  have  any 
ve  embarrass- 
!  that  war  will 
ved  in  theis> 
ced  in  correct 
Bful  an  event, 
md  that  sec- 
'ate  is  known 
B.  That  sec- 
led  at  its  bare 
ee  gentemenl 
what  did  not 
re  mention  of 
ss  to  the  Bal- 
int  and  Tex- 

Ifil  compacts? 
TOM  not  have 
profit  by  ex- 
ctensive  with 
casion  more, 
and  let  them 
you  get  from 
far  between, 
ixas  scheme, 
B  way  !" — to 
;erri;.orial  ac- 
ne years  to 
lents.  That 
3arrassment8 
war  floating 
ted  with  it. 

States  that 
:an,  coupled 

balance  of 
ish  steamers 
•ps"  in  your 
I  Texas,  and 
tie  Heavens, 

individuals, 
lairman,  for 
le  gentlemen 
me  to  speak> 


*    ,•     ' 


